Mr. Sunday Ikenne V. The State (2018)

LAWGLOBAL HUB Lead Judgment Report

MUSA DATTIJO MUHAMMAD, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Enugu Division, hereinafter referred to as the lower Court, dismissing appellant’s appeal against the decision of the Anambra State High Court, hereinafter referred to as the trial Court.

The appellant and three others were arraigned before the trial Court for the murder of one IFEANYICHUKWU UDECHUKWU contrary to Section 274(1) of the Criminal Code Cap 36 Vol. 2 Revised Laws of Anambra State 1991. The four pleaded not guilty and the case proceeded to trial. The prosecution called six witnesses while each of the four accused gave evidence in his own defence. Three other witnesses also testified on behalf of the accused persons. At the end of trial including final addresses of counsel, the Court on the 19th November 2012 delivered its judgment discharging the 1st, 3rd and 4th accused persons but convicting and sentencing the appellant as charged.

This appeal is against the dismissal of appellant’s appeal against the trial Court’s judgment by the lower Court in its decision dated 14th November 2014.

1

At the hearing of the appeal, having identified the briefs parties earlier filed and exchanged, counsel adopted and relied on same as their arguments for and against the appeal. The unusually repetitive seven issues distilled in the appellants brief as having arisen for the determination of the appeal read:-

“ISSUE ONE ARISING FROM GROUND ONE

Whether the Justices of the Court of Appeal of Nigeria, Enugu Division, were right when they upheld and/or confirmed the conviction of the appellant for murder and the death sentence passed on him by the trial Court

ISSUE TWO ARISING FROM GROUND TWO

Whether the learned Justices of the Court of Appeal of Nigeria, Enugu Division, were right when they held that the learned trial judge had no obligation to make any findings on the inconsistencies and contradictions in exhibits “C and “D vis-a-vis oral evidence in Court of PW2 because no submissions were made on them by counsel for inter-alia, the appellant in trial Court in his final address

ISSUE THREE ARISING FROM GROUND THREE

Whether the learned Justices of the Court of Appeal of Nigeria, Enugu Division, were right when they

2

held that it was too late in the day for the appellant’s counsel to ventilate the question of consistency or contradiction in the extrajudicial statement of PW2 tendered as exhibit “D” vis-a-vis his oral evidence and therefore the appellant’s submission on the alleged contradictions are of no moment as they go to no findings of the trial judge